Innkeeper, means a person who, for compensation, keeps open a public house for the lodging and entertainment of travellers. A keeper of a boarding house is usually not considered an innkeeper, Black's Law Dictionary, 7th Edn., p. 792.
Innkeeper, proprietor of a common inn for the accommodation of travelers in general.
All persons are deemed innkeepers who keep houses where a traveler is furnished, for profit, with everything which he has occasion for whilst on his way. They are bound to take in all travelers and wayfaring persons, and to entertain them for a reasonable time [see Lamond v. Richard, (1897) 1 QB 541] if they can accommodate them, at a reasonable charge, provided they behave themselves properly; and they have a lien upon the goods of their guests for board and lodging, but may not detain their persons or seize their clothing in actual wear. They are also liable for any loss of or injury to goods, money, and baggage of their guests; and responsible for the acts of their servants and domestics, as well as for the acts of other guests [Calye's case, (1584) 8 Rep 32, and 1 Smith's LC]; and the liability arises as soon as the relationship of guest and innkeeper begins, and is irrespective of the fact that some one other than the particular guest is going to pay for the accommodation, Wright v. Anderton, (1909) 1 KB 209. but the liability of innkeepers at the Common Law having been found to press hardly upon them, the (English) Innkeepers Act, 1863 (26 & 27 Vict. c. 41) [as to which see Spice v. Bacon, (1877) 2 QBD 463], provided that no innkeeper should be liable to make good to any guest any loss or injury to goods or property brought to his inn, not being a horse or other live animal, or any carriage, to a greater amount than the sum of 30l., except--
1. Where such goods have been stolen, lost, or injured through the default or neglect of the innkeeper or his servants.
2. Where such goods have been deposited expressly for safe custody with the innkeeper.
By 'expressly' is meant that the bailor's intention must be brought to the mind of the bailee or his agent in some reasonable and intelligible manner, Whitehouse v. Pickett, 1908 AC 357. A copy of the Act must be exhibited in the inn to entitle the innkeeper to the benefit of its provisions.
And it has been further provided by the (English) Innkeepers Act, 1878 (41 & 42 Vict. c. 38), that in addition to his right of lien, the innkeeper may, after six weeks sell by public auction all goods (advertised at least one month beforehand), horses, etc., left with him by a person leaving the inn in his debt. See also (English) Public Health Act, 1936, s. 157(3), as to notifiable diseases. See Mew's Digest, tit. 'Innkeeper.'
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